Health Professions Act, 1974 (Act No. 56 of 1974)Chapter II : Training and Registration35. Registration and use of additional qualifications, registration of specialists, persons in subspecialties, professional categories and additional professional categories |
[Section 35 heading substituted by section 33(a) of Act No. 29 of 2007]
| (1) | A person who desires to have a qualification registered, other than the qualification by virtue of which he or she has in the first instance been registered, or to be registered as a specialist or in a subspeciality, professional category or additional professional category recognised by a professional board shall, upon payment of a prescribed fee and subject to the provisions of subsection (2), be entitled to be registered as a specialist or in a professional category or additional professional category or to have such additional qualification entered in the register. |
[Subsection (1) substituted by section 33(b) of Act No. 29 of 2007]
| (1A) | Where a person fails in respect of any provision of a regulation made under section 61(1)(f) and applies to be registered as a specialist or in a professional category or an additional professional category in terms of this section, the relevant professional board may require him or her to pass to the satisfaction of the professional board, on a date and at a place determined by the professional board, an examination prescribed under subsection (1B) before examiners appointed by the professional board, for the purpose of determining whether his or her professional knowledge, skills and competence in the discipline of his or her speciality or field of his or her professional category is sufficiently adequate to enable him or her to practice as a specialist or to be registered in that professional category or additional professional category. |
[Subsection (1A) substituted by section 33(c) of Act No. 29 of 2007]
| (1B) | The Minister may on the recommendation of the council, and in consultation with the relevant professional board, from time to time make regulations which prescribe the examination which shall be conducted for the purposes of subsection (1A), and the fees which shall be paid by persons who sit for such examination. |
[Subsection (1B) substituted by section 33(d) of Act No. 29 of 2007]
| (2) | Only such additional and specialist qualifications, specialities and subspecialties, professional categories or additional professional categories as may be prescribed, shall be registrable under this section. |
[Subsection (2) substituted by section 33(e) of Act No. 29 of 2007]
| (3) | No registered person shall take, use or publish in any way whatsoever any name, title, description or symbol indicating or calculated to lead persons to infer that he or she holds any professional qualification which is not shown in the register as registered against his or her name, nor shall any registered person practise as a specialist or hold himself or herself out to be a specialist unless his or her speciality has been registered as prescribed. |
[Subsection (3) substituted by section 33(f) of Act No. 29 of 2007]
| (4) |
| (a) | The relevant professional board may remove from the register any qualification registered in terms of subsection (1), if in respect of such qualification the name of the holder thereof has been removed from the roll, register or record of the university, hospital, college, society or other body from which that person received such qualification. |
| (b) | The relevant professional board may remove from the register any speciality if it is satisfied that the person on whose application such speciality has been registered has not complied with the requirements prescribed in regard to the registration of specialities, and shall so remove any speciality on the written application of the person concerned. |
| (c) | A qualification removed in terms of paragraph (a) or a speciality removed in terms of paragraph (b), shall be restored to the register by the registrar upon the person concerned— |
| (i) | applying on the prescribed form for such restoration; |
| (ii) | paying the fee prescribed in respect of such restoration; and |
| (iii) | complying with such other requirements, if any, as the relevant professional board may determine. |
[Subsection (4) substituted by section 33(g) of Act No. 29 of 2007]